CS/CS/HB 1401

1
A bill to be entitled
2An act relating to the Department of Management Services;
3amending s. 255.248, F.S.; revising, eliminating, and
4providing additional definitions used in ss. 255.249 and
5255.25, F.S.; amending s. 255.249, F.S.; substantially
6revising responsibilities of the Department of Management
7Services with respect to the use and management of state-
8owned office buildings and the lease of privately owned
9buildings by the state; providing that the department has
10exclusive authority over, and is the primary contact point
11and managing agent for, existing and future leases to a
12state agency of space for administrative direction and
13support services; providing for the right of the
14department to direct an agency to occupy a specific
15location; precluding a state agency from negotiating or
16executing its own lease for space; requiring the
17department to manage all parking activities, including the
18management of parking structures and appurtenant
19facilities; requiring the department to ensure efficient
20occupancy and allocation of space in state-owned office
21buildings and in privately owned buildings leased to a
22state agency; requiring the department to be responsible
23for both custodial and preventative maintenance of state-
24owned office buildings, and appurtenant parking facilities
25and grounds, managed by the department; requiring an
26annual comprehensive leasing report to the Governor and
27the Legislature; specifying contents of the report;
28requiring the department to adopt specified rules for
29implementation of the section; authorizing the department
30to procure contracts for real estate consulting and for
31tenant brokerage services; authorizing the use of a
32contractor procured to provide such services to assist
33with the execution of specified responsibilities;
34providing for continuing effect of existing contracts;
35precluding the department from executing a lease agreement
36with specified private landlords; providing requirements
37for contracts with real estate consultants and tenant
38brokerage services; providing nonapplicability; creating
39s. 255.2491, F.S.; requiring agencies to identify
40intraagency resources related to leasing and lease
41administration functions by a specified date; requiring
42the department to submit a plan by a specified date
43identifying positions needed to support centralized
44leasing activities within the department; requiring
45specified state agencies to enter into an interagency
46agreement with the department relating to the assumption
47of centralized leasing activities by the department;
48specifying requirements to be contained in the agreement;
49amending s. 255.25, F.S.; substantially revising
50provisions relating to required approval by the department
51prior to the construction or lease of buildings; requiring
52the department to utilize the competitive solicitation
53process for specified leases; requiring an alternative
54process for leases exempt from the competitive
55solicitation; requiring the department to follow a
56specified process for competitive solicitation established
57in department rule; providing exceptions to the
58competitive solicitation process; requiring the department
59to adopt specified rules; amending ss. 110.171, 255.25001,
60288.012, 288.1224, 288.1226, 944.10, 957.04, 985.682, and
611013.17, F.S.; conforming, correcting, and clarifying
62cross-references; directing the Department of Management
63Services to create, administer, and maintain a
64comprehensive database of all state-owned property;
65requiring the Department of Management Services to prepare
66a plan to compile the database and to address specific
67issues in the plan; providing for submission of the plan
68by a specified date; providing effective dates.
69
70Be It Enacted by the Legislature of the State of Florida:
71
72     Section 1.  Effective December 1, 2009, section 255.248,
73Florida Statutes, is amended to read:
74     255.248  Definitions; ss. 255.249 and 255.25.--As used in
75ss. 255.249 and 255.25, the term:
76     (1)  "Best leasing value" means the highest overall value
77to the state based on objective factors that include, but are
78not limited to, rental rate, renewal rate, operational and
79maintenance costs, tenant-improvement allowance, location, lease
80term, condition of facility, landlord responsibility, amenities,
81and parking.
82     (2)  "Competitive solicitation" means an invitation to bid,
83a request for proposals, or an invitation to negotiate.
84     (3)  "Department" means the Department of Management
85Services.
86     (4)  "Florida Facilities Pool" means the pool of facilities
87created in s. 255.505.
88     (5)  "Private lease to a state agency" means any lease for
89space in a privately owned building to one or more executive
90agencies predominantly for administrative direction or support
91functions.
92     (6)(4)  "Privately owned building" means any building not
93owned by the Board of Trustees of the Internal Improvement Trust
94Fund or a state governmental agency.
95     (5)  "Responsible lessor" means a lessor who has the
96capability in all respects to fully perform the contract
97requirements and the integrity and reliability that will assure
98good faith performance.
99     (6)  "Responsive bid," "responsive proposal," or
100"responsive reply" means a bid or proposal, or reply submitted
101by a responsive and responsible lessor, which conforms in all
102material respects to the solicitation.
103     (7)  "Responsive lessor" means a lessor that has submitted
104a bid, proposal, or reply that conforms in all material respects
105to the solicitation.
106     (7)(8)  "State-owned office building" means any building
107title to which is vested in the state and which is used by one
108or more executive agencies predominantly for administrative
109direction and support functions. This term excludes:
110     (a)  District or area offices established for field
111operations where law enforcement, military, inspections, road
112operations, or tourist welcoming functions are performed.
113     (b)  All educational facilities and institutions under the
114supervision of the Department of Education.
115     (c)  All custodial facilities and institutions used
116primarily for the care, custody, or treatment of wards of the
117state.
118     (d)  Buildings or spaces used for legislative activities.
119     (e)  Buildings purchased or constructed from agricultural
120or citrus trust funds.
121     Section 2.  Effective December 1, 2009, section 255.249,
122Florida Statutes, is amended to read:
123(Substantial rewording of section. See
124s. 255.249, F.S., for present text.)
125     255.249  Centralized leasing authority; centralized parking
126management; responsibilities of department; annual comprehensive
127leasing report; rules.--
128     (1)  Except as provided in subsection (6), the department
129shall:
130     (a)  Have exclusive authority over, and be the primary
131contact point and managing agent for, each existing and future
132lease to a state agency of space for administrative direction
133and support services. This authority includes the right of the
134department to direct a state agency to occupy a specific
135location. A state agency may not negotiate or execute its own
136lease for such space.
137     (b)  Manage all parking activities, including, but not
138limited to, the charging of fees for cost recovery and
139allocation of space at all state-owned office buildings managed
140by the department, including the management of parking
141structures, garages, lots, grounds, or similar facilities or
142areas appurtenant to such buildings.
143     (c)  Ensure efficient occupancy and allocation of space in
144state-owned office buildings and in privately owned buildings
145leased to a state agency.
146     (d)  Be responsible for both custodial and preventative
147maintenance of state-owned office buildings, and any parking
148facilities or grounds appurtenant to such buildings, managed by
149the department.
150     (2)  By September 15, annually, the department shall
151provide to the Executive Office of the Governor and the
152Legislature a comprehensive leasing report detailing:
153     (a)  Each private lease to a state agency that is scheduled
154to expire within 24 months, categorized by agency and by
155geographic market.
156     (b)  The specifics of each private lease to a state agency,
157including location, square footage, rental rate, and expiration
158date, and a statement expressing whether suitable space is
159expected to be available in a state-owned office building upon
160expiration of the lease.
161     (c)  The potential financial impact to the Florida
162Facilities Pool rental rate that may be realized from the
163disposition, sale, acquisition, or construction of state-owned
164office buildings.
165     (d)  Year-over-year percentage changes to occupancy rates,
166maintenance costs, and operating expenses of the Florida
167Facilities Pool.
168     (e)  Year-over-year percentage changes to occupancy costs
169by market, space consumption by agency, and space consumption by
170market of the Florida Facilities Pool.
171     (f)  An analysis and summary of major market supply and
172demand for the ten largest markets in which the state leases
173space.
174     (g)  Recommendations of strategic opportunities for
175consolidations, dispositions, acquisitions, and construction,
176and cost-benefit analyses for each strategic opportunity.
177     (3)  The department shall adopt rules pursuant to chapter
178120 providing for:
179     (a)  Performance and execution of all responsibilities and
180authorities granted under this section.
181     (b)  The advertisement, receipt, evaluation, and award of
182competitive proposals for leases. The department's rules shall
183include, but not be limited to:
184     1.  A process for requests for bid similar to the process
185prescribed in s. 287.057(1).
186     2.  A process for requests for proposals similar to the
187process prescribed in s. 287.057(2).
188     3.  A process for invitations to negotiate similar to the
189process prescribed in s. 287.057(3).
190     (c)  Requirements that all leases shall be awarded to the
191best leasing value, a statement describing best leasing value in
192each advertisement, and a process for determining the best
193leasing value and awarding the lease.
194     (d)  Extension criteria for existing leases, the
195termination of an existing lease, and the use of tenant
196improvement funds upon termination of a lease.
197     (e)  Methods and guidelines used to validate square footage
198used for the calculation of lease payments.
199     (f)  Acceptable terms and conditions for inclusion in lease
200agreements and addenda, which must, at a minimum, include:
201     1.  The following statements:
202     a.  "The State of Florida's performance and obligation to
203pay under this contract is contingent upon an annual
204appropriation by the Legislature."
205     b.  "The Lessee shall have the right to terminate, without
206penalty, this lease in the event a state-owned office building
207becomes available to the Lessee for occupancy upon giving 6
208month's advance written notice to the Lessor by Certified Mail,
209Return Receipt Requested."
210     2.  A requirement for full disclosure of the names and the
211extent of interest of the owners holding an interest of 4
212percent or more in any privately owned property leased to the
213state or in the entity holding title to the property. The
214requirement must stipulate that an owner identified under this
215subparagraph is exempt from disclosure of:
216     a.  Any beneficial interest which is represented by stock
217in any corporation registered with the Securities and Exchange
218Commission or registered pursuant to chapter 517, which stock is
219for sale to the general public; and
220     b.  Any leasehold interest in property located outside the
221territorial boundaries of the United States.
222     3.  A requirement for full disclosure of the names of all
223public officials, agents, or employees holding any interest in
224any privately owned property leased to the state or in the
225entity holding title to the property, and the nature and extent
226of their interest. The requirement must stipulate that a public
227official, agent, or employee identified under this subparagraph
228is exempt from disclosure of:
229     a.  Any beneficial interest which is represented by stock
230in any corporation registered with the Securities and Exchange
231Commission or registered pursuant to chapter 517, which stock is
232for sale to the general public; and
233     b.  Any leasehold interest in property located outside the
234territorial boundaries of the United States.
235     (g)  A standardized format for agency reporting of required
236information.
237     (h)  A standard accounting method for reporting agency
238lease costs.
239     (i)  A standard method for the assessment of rent to state
240agencies and other authorized occupants of state-owned office
241space, notwithstanding the source of funds.
242     (j)  Methods and guidelines for reporting to each agency on
243a quarterly basis with respect to space occupied.
244     (4)  Pursuant to s. 287.042(2)(a), the department may
245procure contracts for real estate consulting and for tenant
246brokerage services and may use a contractor procured for those
247purposes to assist with the execution of any responsibility
248prescribed in this section. Any contract between a contractor
249procured to provide real estate consulting or to provide tenant
250brokerage services and the department entered into prior to
251January 1, 2010, shall remain in effect. The department may not
252execute a lease agreement with a private landlord with which a
253contractor procured under this section is engaged to provide
254real estate consulting or tenant brokerage services.
255     (5)  Contracts with real estate consultants and tenant
256brokerage services must contain the following provisions or
257requirements:
258     (a)  Awarded brokers must maintain an office or presence in
259the market served. In awarding the contract, preference must be
260given to brokers that are licensed in this state under chapter
261475 and that have 3 or more years of experience in the market
262served. The contract may be made with up to three tenant brokers
263in order to serve the marketplace in the northern, central, and
264southern areas of the state.
265     (b)  Each contracted tenant broker shall work under the
266direction, supervision, and authority of the department, subject
267to the rules governing lease procurements.
268     (c)  The department shall provide training for the awarded
269tenant brokers concerning the rules governing the procurement of
270leases.
271     (d)  Tenant brokers must comply with all applicable
272provisions of s. 475.278.
273     (e)  Real estate consultants and tenant brokers shall be
274compensated by the department, subject to the provisions of the
275term contract, and such compensation is subject to appropriation
276by the Legislature. A real estate consultant or tenant broker
277may not receive compensation directly from a lessor for services
278that are rendered under the term contract. Moneys paid to a real
279estate consultant or tenant broker are exempt from any charge
280imposed under s. 287.1345. Moneys paid by a lessor to the
281department under a facility leasing arrangement are not subject
282to the charges imposed under s. 215.20. All terms relating to
283the compensation of the real estate consultant or tenant broker
284shall be specified in the term contract.
285     (f)  The department shall conduct periodic customer-
286satisfaction surveys.
287     (6)  This section does not apply to:
288     (a)  District or area offices established for field
289operations where law enforcement, military, inspections, road
290operations, or tourist-welcoming functions are performed.
291     (b)  Educational facilities and institutions under the
292supervision of the Department of Education.
293     (c)  Custodial facilities and institutions used primarily
294for the care, custody, or treatment of wards of the state.
295     (d)  Buildings or spaces used for legislative activities.
296     (e)  Buildings purchased or constructed from agricultural
297or citrus trust funds.
298     (f)  Wireless communications facilities, except as
299stipulated in s. 365.172(12)(f).
300     (g)  Leases which the Department of Transportation is
301otherwise specifically authorized to enter.
302     (h)  Any leases by the Board of Trustees of the Internal
303Improvement Trust Fund for any purpose other than administrative
304direction and support services, including, but not be limited
305to, leases to university boards of trustees and leases of
306conservation lands.
307     Section 3.  Effective December 1, 2009, section 255.2491,
308Florida Statutes, is created to read:
309     255.2491  Transition to centralized leasing authority;
310agency responsibilities.--
311     (1)  Between July 1, 2009, and October 31, 2009, each
312agency having a private lease to which s. 255.249 applies shall
313work with the department to identify all resources existing
314within its agency relating to leasing and lease administration
315functions, including:
316     (a)  Full-time or part-time positions dedicated to real
317estate leasing functions and associated appropriations for those
318positions.
319     (b)  Annual appropriations for lease occupancy costs and
320funding sources to support such appropriations.
321     (2)  By October 31, 2009, and in conjunction with all
322impacted state agencies, the department shall submit a plan
323identifying positions needed to support centralized leasing
324activities within the department.
325     (3)  Effective December 1, 2009, each state agency having a
326private lease to which s. 255.249 applies shall enter into an
327interagency agreement with the department that contains
328provisions:
329     (a)  Requiring functional supervision by the department
330over persons in the positions identified in subsection (2) as
331needed to support centralized leasing activities within the
332department.
333     (b)  Requiring that all salaries, benefits, and operational
334costs shall remain the obligation of each respective agency
335through June 30, 2010.
336     (c)  Requiring the development of policies and procedures
337in conjunction with each agency to carry out the provisions of
338the agreement.
339     (d)  Requiring that the department is to act as the
340authorized agent of the agency in any private lease to which s.
341255.249 applies.
342     (e)  Authorizing the department to substitute itself as the
343tenant under any private lease to which s. 255.249 applies,
344subject to any restrictions set forth in the lease, and to
345consider the agency its subtenant without materially changing
346the agency's rights or responsibilities.
347     (f)  Specifying other terms that the parties deem
348appropriate to accomplish the efficient transition of
349responsibilities and the general purposes of this section and
350ss. 255.249 and 255.25.
351     Section 4.  Section 255.25, Florida Statutes, is amended to
352read:
353(Substantial rewording of section. See
354s. 255.25, F.S., for present text.)
355     255.25  Competitive solicitation; exceptions.--
356     (1)  The department shall utilize the competitive
357solicitation process for leases of 5,000 square feet or greater
358or shall acquire a minimum of 3 written quotes for leases exempt
359from the competitive solicitation process pursuant to subsection
360(2). The department shall follow the process as established in
361rules for competitive solicitation authorized in s.
362255.249(3)(b).
363     (2)  Exceptions to the competitive solicitation process
364identified in subsection (1) shall include:
365     (a)  Leases for nominal or no consideration.
366     (b)  Leases for a term of less than 120 days.
367     (3)  The following leases shall be exempt from the
368competitive solicitation process with written approval of the
369department:
370     (a)  Extensions of existing leases if the total of the
371extensions from the original lease termination date does not
372exceed 11 months.
373     (b)  Emergency acquisition of space to replace a portion of
374space destroyed or rendered uninhabitable by an act of God,
375fire, malicious destruction, structural failure, or by legal
376action. The term of such emergency acquisition may not exceed 11
377months unless the original space will be made inhabitable within
37818 months of the commencement of the emergency lease.
379     (c)  Leases that demonstrate best leasing value and public
380benefit through the colocation or consolidation of like public
381services in partnership with municipal or other governmental
382entities.
383     (4)  The department shall adopt and publish rules for the
384public to contest the award of leases acquired using the
385competitive solicitation process.
386     Section 5.  Effective December 1, 2009, paragraph (m) of
387subsection (3) of section 110.171, Florida Statutes, is amended
388to read:
389     110.171  State employee telecommuting program.--
390     (3)  By September 30, 2009, each state agency shall
391identify and maintain a current listing of the job
392classifications and positions that the agency considers
393appropriate for telecommuting. Agencies that adopt a state
394employee telecommuting program must:
395     (m)  Provide measurable financial benefits associated with
396reduced office space requirements, reductions in energy
397consumption, and reductions in associated emissions of
398greenhouse gases resulting from telecommuting. State agencies
399operating in office space owned or managed by the department
400shall consult the facilities program to ensure its consistency
401with the comprehensive strategic leasing report plan required
402under s. 255.249(2)(3)(b).
403     Section 6.  Effective December 1, 2009, subsection (2) of
404section 255.25001, Florida Statutes, is amended to read:
405     255.25001  Suspension or delay of specified functions,
406programs, and requirements relating to governmental
407operations.--Notwithstanding the provisions of:
408     (2)  Sections 253.025, 255.249, and 255.25, the Department
409of Management Services has the authority to promulgate rules
410pursuant to chapter 120 to be used in determining whether a
411lease-purchase of a state-owned office building is in the best
412interests of the state, which rules provide:
413     (a)  Procedures state agencies will follow to certify the
414need for a lease-purchase acquisition for a state-owned office
415building to the Department of Management Services and a
416notification procedure of the department's decision regarding
417state agencies' requests for a lease-purchase agreement. The
418certification process shall include but not be limited to the
419following:
420     1.  Current programmatic space requirements of the state
421agency.
422     2.  Future programmatic space requirements of the state
423agency.
424     3.  Time considerations in providing state-owned office
425building space.
426     4.  An analysis of existing leases affected by the lease-
427purchase agreement.
428     (b)  Procedures and document formats for the advertisement,
429competitive bid process, including format of submissions, and
430evaluation of lease-purchase acquisition proposals for state-
431owned office buildings. The evaluation process shall include but
432not be limited to the following:
433     1.  A consideration of the cost of comparable operating
434leases.
435     2.  The appraised value of the facility as required by s.
436253.025.
437     3.  A present value analysis of the proposed payment
438stream.
439     4.  The cost of financing the facility to be acquired.
440     5.  The cost to repair identified physical defects.
441     6.  The cost to remove identified hazardous substances.
442     7.  An energy analysis.
443     8.  A determination of who is responsible for management
444and maintenance activities.
445
446In order to minimize the cost of the evaluation process, the
447Department of Management Services may develop a multistage
448evaluation process to identify the most cost-efficient proposals
449for extensive evaluation. The studies developed as a result of
450this evaluation process shall be considered confidential and
451exempt from the provisions of s. 119.07(1) to the same extent
452that appraisal reports are considered confidential and exempt
453from the provisions of s. 119.07(1) as provided in s.
454253.025(6)(d).
455     (c)  Acceptable terms and conditions for inclusion in
456lease-purchase agreements, which shall include but not be
457limited to:
458     1.  The assignment of the lease-purchase agreement to other
459governmental entities, including accumulated equity.
460     2.  The ability of the acquiring state agency to sublease a
461portion of the facility, not to exceed 25 percent, to other
462governmental entities. These subleases shall provide for the
463recovery of the agencies' cost of operations and maintenance.
464
465The execution of a lease-purchase is conditioned upon a finding
466by the Department of Management Services that it would be in the
467best interests of the state. The language in this subsection
468shall be considered specific authorization for a lease-purchase
469pursuant to s. 255.25(1)(c) upon the Department of Management
470Services' certification that the lease-purchase is in the best
471interests of the state. Thereafter, the agency is authorized to
472enter into a lease-purchase agreement and to expend operating
473funds for lease-purchase payments. Any facility which is
474acquired pursuant to the processes authorized by this subsection
475shall be considered to be a "state-owned office building" and a
476"state-owned building" as those terms are applied in ss.
477255.248-255.25.
478     (d)  That any costs resulting from the processes authorized
479by this subsection, including but not limited to appraisals,
480environmental analyses, and any other studies which may be
481required under these provisions, shall be borne by the owner of
482the property which is the subject of the proposed lease-
483purchase.
484     Section 7.  Effective December 1, 2009, subsection (4) of
485section 288.012, Florida Statutes, is amended to read:
486     288.012  State of Florida foreign offices.--The Legislature
487finds that the expansion of international trade and tourism is
488vital to the overall health and growth of the economy of this
489state. This expansion is hampered by the lack of technical and
490business assistance, financial assistance, and information
491services for businesses in this state. The Legislature finds
492that these businesses could be assisted by providing these
493services at State of Florida foreign offices. The Legislature
494further finds that the accessibility and provision of services
495at these offices can be enhanced through cooperative agreements
496or strategic alliances between state entities, local entities,
497foreign entities, and private businesses.
498     (4)  The Office of Tourism, Trade, and Economic
499Development, in connection with the establishment, operation,
500and management of any of its offices located in a foreign
501country, is exempt from the provisions of ss. 255.21, 255.249,
502255.25, and 255.254 relating to leasing of buildings; ss. 283.33
503and 283.35 relating to bids for printing; ss. 287.001-287.20
504relating to purchasing and motor vehicles; and ss. 282.003-
505282.111 relating to communications, and from all statutory
506provisions relating to state employment.
507     (a)  The Office of Tourism, Trade, and Economic Development
508may exercise such exemptions only upon prior approval of the
509Governor.
510     (b)  If approval for an exemption under this section is
511granted as an integral part of a plan of operation for a
512specified foreign office, such action shall constitute
513continuing authority for the Office of Tourism, Trade, and
514Economic Development to exercise the exemption, but only in the
515context and upon the terms originally granted. Any modification
516of the approved plan of operation with respect to an exemption
517contained therein must be resubmitted to the Governor for his or
518her approval. An approval granted to exercise an exemption in
519any other context shall be restricted to the specific instance
520for which the exemption is to be exercised.
521     (c)  As used in this subsection, the term "plan of
522operation" means the plan developed pursuant to subsection (2).
523     (d)  Upon final action by the Governor with respect to a
524request to exercise the exemption authorized in this subsection,
525the Office of Tourism, Trade, and Economic Development shall
526report such action, along with the original request and any
527modifications thereto, to the President of the Senate and the
528Speaker of the House of Representatives within 30 days.
529     Section 8.  Effective December 1, 2009, paragraph (b) of
530subsection (9) of section 288.1224, Florida Statutes, is amended
531to read:
532     288.1224  Powers and duties.--The commission:
533     (9)  Is authorized to establish and operate tourism offices
534in foreign countries in the execution of its responsibilities
535for promoting the development of tourism. To facilitate the
536performance of these responsibilities, the commission is
537authorized to contract with the commission's direct-support
538organization to establish and administer such offices. Where
539feasible, appropriate, and recommended by the 4-year marketing
540plan, the commission may collocate the programs of foreign
541tourism offices in cooperation with any foreign office operated
542by any agency of this state.
543     (b)  The Florida Commission on Tourism, or its direct-
544support organization, in connection with the establishment,
545operation, and management of any of its tourism offices located
546in a foreign country, is exempt from the provisions of ss.
547255.21, 255.249, 255.25, and 255.254 relating to leasing of
548buildings; ss. 283.33 and 283.35 relating to bids for printing;
549ss. 287.001-287.20 relating to purchasing and motor vehicles;
550and ss. 282.003-282.111 relating to communications, and from all
551statutory provisions relating to state employment, if the laws,
552administrative code, or business practices or customs of the
553foreign country, or political or administrative subdivision
554thereof, in which such office is located are in conflict with
555these provisions.
556     Section 9.  Effective December 1, 2009, paragraph (d) of
557subsection (2) of section 288.1226, Florida Statutes, is amended
558to read:
559     288.1226  Florida Tourism Industry Marketing Corporation;
560use of property; board of directors; duties; audit.--
561     (2)  ESTABLISHMENT.--The Florida Commission on Tourism
562shall establish, no later than July 31, 1996, the Florida
563Tourism Industry Marketing Corporation as a direct-support
564organization:
565     (d)  Which shall not be considered an agency for the
566purposes of chapters 120, 216, and 287; ss. 255.21, 255.249,
567255.25, and 255.254, relating to leasing of buildings; ss.
568283.33 and 283.35, relating to bids for printing; s. 215.31; and
569parts I, II, and IV-VIII of chapter 112.
570     Section 10.  Effective December 1, 2009, paragraph (a) of
571subsection (3) of section 944.10, Florida Statutes, is amended
572to read:
573     944.10  Department of Corrections to provide buildings;
574sale and purchase of land; contracts to provide services and
575inmate labor.--
576     (3)(a)  The department may enter into lease-purchase
577agreements to provide correctional facilities for the housing of
578state inmates. However, no such lease-purchase agreement shall
579be entered into without specific legislative authorization of
580that agreement, and funds must be specifically appropriated for
581each lease-purchase agreement. The facilities provided through
582such agreements shall meet the program plans and specifications
583of the department. The department may enter into such lease
584agreements with private corporations and other governmental
585entities. However, notwithstanding the provisions of ss. 255.249
586and 255.25 s. 255.25(3)(a), no such lease agreement may be
587entered into except upon advertisement for and receipt of
588competitive bids and award to the lowest and best bidder.
589     Section 11.  Effective December 1, 2009, paragraph (a) of
590subsection (2) of section 957.04, Florida Statutes, is amended
591to read:
592     957.04  Contract requirements.--
593     (2)  Each contract entered into for the design and
594construction of a private correctional facility or juvenile
595commitment facility must include:
596     (a)  Notwithstanding any provision of chapter 255 to the
597contrary, a specific provision authorizing the use of tax-exempt
598financing through the issuance of tax-exempt bonds, certificates
599of participation, lease-purchase agreements, or other tax-exempt
600financing methods. Pursuant to s. 255.25, Approval is hereby
601provided for the lease-purchase of up to two private
602correctional facilities and any other facility authorized by the
603General Appropriations Act.
604     Section 12.  Effective December 1, 2009, paragraph (b) of
605subsection (15) of section 985.682, Florida Statutes, is amended
606to read:
607     985.682  Siting of facilities; study; criteria.--
608     (15)
609     (b)  Notwithstanding ss. 255.249, 255.25,(1)(b) and
610255.25001(2), the department may enter into lease-purchase
611agreements to provide juvenile justice facilities for the
612housing of committed youths contingent upon available funds. The
613facilities provided through such agreements shall meet the
614program plan and specifications of the department. The
615department may enter into such lease agreements with private
616corporations and other governmental entities. However,
617notwithstanding the provisions of ss. 255.249 and 255.25 s.
618255.25(3)(a), no such lease agreement may be entered into except
619upon advertisement for the receipt of competitive bids and award
620to the lowest and best bidder except when contracting with other
621governmental entities.
622     Section 13.  Effective December 1, 2009, section 1013.17,
623Florida Statutes, is amended to read:
624     1013.17  University leasing in affiliated research and
625development park.--A university is exempt from the requirements
626of ss. 255.249 and 255.25 s. 255.25(3), (4), and (8) when
627leasing educational facilities in a research and development
628park with which the university is affiliated and when the Board
629of Governors certifies in writing that the leasing of such
630educational facilities is in the best interests of the
631university and that the exemption from competitive bid
632requirements would not be detrimental to the state. Leases
633entered into pursuant to this section are subject to the
634provisions of s. 1010.62.
635     Section 14.  Database of state-owned property.--
636     (1)  The Department of Management Services is directed to
637create, administer, and maintain a comprehensive database of
638all state-owned property. To that end, the Department of
639Management Services shall prepare a plan to compile the
640database and address the following issues in the plan:
641     (a)  A method for requiring that specific information be
642provided for each property in the database in order to
643determine appropriate valuation.
644     (b)  A method for maintaining and updating the database.
645     (c)  A method for the identification and assessment of
646database properties for potential disposition.
647     (d)  A method for requiring identified properties to be
648routed to the Department of Management Services for strategic
649valuation and disposition analysis.
650     (2)  The Department of Management Services shall submit
651the plan to the President of the Senate, the Speaker of the
652House of Representatives, and the Executive Office of the
653Governor by January 4, 2010.
654     Section 15.  Except as otherwise specifically provided in
655this act, this act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.